Kochi: The Madhya Pradesh police on Wednesday challenged the maintainability of the anticipatory bail plea filed by the viral Kumbh Mela girl and her husband before the Kerala High Court. The case was registered by Madhya Pradesh police based on a complaint from the girl's father, who alleged abduction.
Arguments by MP Police
Additional Solicitor General S V Raju, representing the Madhya Pradesh police chief, contended that since the case was registered in Madhya Pradesh, the petitioners ought to have approached the Madhya Pradesh High Court instead of filing the petition before the Kerala High Court. Raju argued that the petitioners could only seek transit anticipatory bail from the Kerala High Court to enable them to approach the Madhya Pradesh High Court, and not regular pre-arrest bail.
Couple's Response
The couple's counsel submitted that copies of the FIR had not yet been provided to them and that he would substantiate the reasons for approaching the Kerala High Court. During the hearing on Wednesday, the bench of Justice Kauser Edappagath orally observed that the court would not consider the matter on merits unless the FIR was produced.
Court Proceedings
The ASG sought further time to produce the relevant documents, following which the court adjourned the matter to May 29 for further consideration. The High Court also extended its earlier interim order restraining the arrest of the petitioners until then.
Background of the Case
The petition stated that the couple met during a puja ceremony connected with a new Malayalam film, fell in love, and decided to live together. According to them, their marriage was solemnised at the Sree Nainar Deva Temple at Arumanoor in Thiruvananthapuram. On learning about the marriage, the girl's father lodged a complaint before the sub-divisional officer (police) at Mandleshwar in Khargone district of Madhya Pradesh, alleging that his daughter had been abducted and that she was underage at the time of their marriage on March 11. Based on the complaint, a case was registered by Madhya Pradesh police.
Evidence Presented
The petitioners produced a copy of the girl's birth certificate issued by the registrar of births and deaths of Maheshwar Nagar panchayat, along with a copy of her Aadhaar card, to support their claim that she was not a minor at the time of marriage. The husband further alleged that the case had been initiated at the instance of one of the girl's relatives, who was acting as her manager in dealings with film producers.
